Ajuve Dispute Resolution Rules

Last Updated 12th August 2016

Ajuve Dispute Resolution Rules (ADRR)

About These Rules

Please read these rules carefully, as they affect your rights.

If your contract or agreement includes an Ajuve Dispute Resolution Clause (ADRC), or if you agree to submit your dispute to AjuveArb, by agreeing to do so with the other party by signing an online agreement to do so at AjuveArb, you are irrevocably agreeing to be bound by these Rules, and any amendments made to these Rules that are in effect at the date the dispute is referred to AjuveArb. Please therefore read these Rules carefully as they affect your rights. For example, you will not, without the consent of any other party, or contract or agreement, be able to refer your dispute to court.

Terms used in these Rules

“Act” is the Arbitration Act 1996 (as amended).

“ADRR” or “the Rules” is the Ajuve Dispute Resolution Rules.

“Claimant” is anyone who starts a claim.

“Respondent” is anyone against whom a claim is started.

“AjuveArb” is our binding online arbitration process, which is subject to the Act, as amended and supplemented by the Rules set out herein.

“Claim Reference Number” is a specific and unique number allocated to each claim that is submitted to AjuveArb.

“Moderator” is an arbitrator, as defined in the Act.

In these Rules all references to “you”, and all variations thereof, should be interpreted as references to a Claimant and/ or a Respondent, as appropriate.

All references to the “parties” should be interpreted as references to both the Claimant and the Respondent.

What is Ajuve?

Ajuve is an alternative to more traditional dispute resolution processes, like courts or traditional arbitration, either of which can be expensive and time consuming. Its aim is to be a high quality, low cost dispute resolution system for everyone, not just the rich and powerful.

AjuveArb is an online dispute resolution process that leverages the power of the Act to ensure its decisions are binding and enforceable.

A standard (ADRC) may be found at https://ajuve.com/clause. Simply cut and paste this clause in to your contracts, in place of any other dispute resolution clause.

By adding a standard ADRC to your contracts and agreements, you can ensure that you and your contracting parties will be able to use the revolutionary, cost effective Ajuve system to solve any disputes that arise – and all at a small fraction of the cost of traditional over-complex, expensive and slow arbitration and court systems.

What Sets Ajuve Apart from the Courts and Other Dispute Resolution Systems?

The aim of Ajuve is to control costs, save time and ensure that timetables are strictly adhered to. Accordingly, the Moderator is authorised by the parties to exercise a wide discretion to take any steps that the Moderator deems to be necessary and reasonable in the circumstances in order to ensure the efficient disposal of a dispute.

How does Ajuve ensure that costs and delay are kept to a minimum, and time timetables are strictly adhered to?

Firstly, with Ajuve there is no process of disclosure. By subscribing to AjuveArb each party agrees to produce to the other party any key documentation and evidence relevant to the dispute by attaching it, and any other evidence (such as witness evidence), as pdf files to their claim or defence, as appropriate.

Secondly, there is no oral hearing. The Moderator will reach his or her decision (or award) on the basis of documents alone.

Thirdly, the time limits are to be strictly adhered to, save in the most exceptional circumstances. The parties authorise the Moderator to issue an award by default on the basis of the information before him or her in the event a time limit imposed by these Rules, or, absent this, the Moderator, is not complied with. Only in exceptional circumstances additional time may be allowed.

This is explained in further details below.

When do these Rules Apply?

These rules apply:

1. To any dispute subject to an ADRC. Such a clause can be found at https://ajuve.com/clause
2. To any dispute where there is an agreement to refer that dispute to Ajuve.

About AjuveArb

AjuveArb is a form of online arbitration process, which is governed by the Act, as amended, and as varied or supplemented by these Rules.

1. The Request for Arbitration

1.1. If the Claimant is not already a member of Ajuve, the first step is for the Claimant to join Ajuve. This is a very simple process – just visit https://ajuve.com/auth/register to fill out a membership request and then fill out the Start My Claim form. These forms only take a few moments to complete. You will also be asked to provide proof of identity in an appropriate form, e.g. photo ID, photocopy passport etc. This information is not usually disclosed to the other party but will be retained in confidence by Ajuve to ensure compliance with the relevant rules and regulations.
1.2. The Claimant will then be asked to explain the nature of the dispute and its brief outline. It is particularly important that you accurately describe the type of dispute so we can channel the claim to a Moderator with the right type of experience. You will also need to complete all the sections so that Ajuve knows:
1. 1.2.1. The names, addresses, telephone, and e-mail (if known) of the parties to the arbitration;
2. 1.2.2. A brief statement describing the nature and circumstances of the dispute, and specifying the claims you are making against the Respondent.
3. 1.2.3. Attach copies of any supporting documents. This will usually include a copy of the contract and other key documents upon which you rely. It is very important not to leave out important documents as doing so might prejudice your claim. We recommend documents are attached as PDF files.
4. The date of receipt of the uploaded details on the Ajuve website shall be treated as the date on which the arbitration has commenced for all purposes.

2. Notification and participation

Where the dispute falls under an existing ADRC in a contract:
2.1. As soon as we receive the Claimant’s duly completed Start My Claim form, a copy of the Start My Claim form will be forwarded to the Respondent and, time will begin to run within which the Respondent is obliged to serve his or her Response. The Ajuve system will also automatically allocate your claim to a Moderator (see further below). A Claim Reference Number will be allocated and notified to the Claimant and Respondent and you will then have access to the online “My Claim” section of the Ajuve site, which is the place where you communicate with the Respondent and the Moderator. Where there is no ADRC and no separate agreement to use Ajuve arbitration is already in place:
2.2. Both parties have to agree – you cannot impose AjuveArb on an another party who has not already signed up to use it.
2.3. As soon as we receive the Claimant’s duly completed Start My Claim form, a copy of the Start My Claim form will be forwarded to the Respondent, together with an explanation of the benefits of using Ajuve. The Respondent must agree to AjuveArb within 5 days, by visiting the link he or she will be sent to complete an agreement to arbitrate online. If the intended Respondent and you complete the agreement, then from that date, there will be a binding agreement to refer the dispute to Ajuve and then from that date time will run and the arbitration will continue. If the Respondent does not agree to Ajuve arbitration, then you will be notified and it will then be necessary to use another dispute resolution system, or the courts, to resolve your dispute.
2.4. The remainder of these terms assume either that the dispute falls under an ADRC or you and the Respondent has agreed to Ajuve arbitration.

3. The Response

3.1. Within 7 days of service of the Start My Claim form on the Respondent, (or such lesser period fixed by Ajuve), the Respondent must complete a “Response Pack” online. Like the Start My Claim form, this comprises a number of sections all of which should be completed in full and will include:
1. 3.1.1. His or her response to the Start My Claim form e.g. whether he or she accepts the claim entirely, or part of the claim (details must be provided) or if he or she rejects the entire claim.;
2. 3.1.2. A brief statement describing the nature and circumstances of any the Respondent’s defence to the claim and other claims he or she may want to advance (counterclaim);
3. 3.1.3. Copies of any supporting documents, which should be uploaded. This will usually include all key documents upon which you rely. It is very important not to leave out important documents as doing so might prejudice your defence of the claim. We recommend documents are attached as PDF files.

4. Timetable, evidence and other important matters

4.1. The essence of AjuveArb is to get away from the excessive complexity, cost and delay all too frequently a feature of “traditional” dispute resolution systems (including the court) and, by agreeing to AjuveArb under these Rules, you confirm that you fully buy in to this philosophy. Note the following very carefully:
1. 4.1.1. Both the Start My Claim form and the Response Pack are limited to the size and space available online - about 4 pages. That is it. Be careful and avoid waffle – there simply is not the space!
2. 4.1.2. You (that is the Claimant or the Respondent (as appropriate)) must submit all other materials you intend to rely upon when you submit your Start My Claim form or the Response Pack.
3. 4.1.3. The final stage is the Closing Comments pack, just 2 further pages and documents, that the parties can serve – the Claimant within 3 days of receipt of the Response Pack, and the Respondent within a further 2 days.
4. 4.1.4. Both the Claimant and the Respondent will have the chance to submit short witness statements from individuals who have information relevant to the dispute. These statements should be no longer than 4 pages each, save in exceptional circumstances.
5. 4.1.5. Both the Claimant and the Respondent will also have the chance to submit expert evidence, should such evidence be required, from experts who have the required specialist knowledge to assist the Moderator with his or her assessment of the merits of the Claimant’s and/ or the Respondent’s case, whichever is appropriate. Save in exceptional circumstances, the expert’s opinion should be no longer than 2 pages.
6. 4.1.6. At any time, the Moderator may intervene and may provide the Claimant and the Respondent with instructions about any additional information, documents, or requests for clarification and the Claimant and the Respondent must comply with those directions. Both the Claimant and the Respondent may ask the Moderator to order the other party to produce documents or answer questions about their claim or their defence. After that, the Moderator gets to work on his or her decision. It really is that simple!
7. 4.1.7. Materials submitted outside these deadlines (or any other deadline ordered by the Moderator) will not be read by the Moderator save in the most exceptional circumstances – tidal waves, alien invasion, that sort of exceptional.
8. 4.1.8. All claims will usually be finally dealt with and an arbitration award published within about 5 to 6 weeks.
4.2. While the Moderator has discretion to vary the timetable, he or she will only do so if there are exceptional grounds to do so. And by exceptional, we do mean truly exceptional. Vacations, family events, etc are not exceptional. Tsunami wiping out your records, or an unexpected attack by killer bees – now that might be exceptional.

5. The Moderator

5.1. Your case will de decided by a Moderator allocated to your case by Ajuve in accordance with the Rules. A Moderator is an experienced individual who acts impartially and who will reach a decision based on the evidence and documents before the Moderator. He or she is a commercial person of integrity.
5.2. Ajuve alone is empowered to appoint or allocate Moderators. In selecting a Moderator, consideration will be given to the nature of the transaction, the nature and circumstances of the dispute, the nationality, location and languages of the parties and (if more than two) the number of parties.
5.3. All Moderators conducting arbitration under these Rules shall be and remain at all times impartial and independent of the parties; and none shall act in the arbitration as advocates for any party.
5.4. While the Ajuve system allocates each claim to a Moderator automatically based upon the information supplied by the parties, Ajuve may in certain circumstances allocate or transfer cases to a different or new Moderator.
1. Generally, this may happen in the following cases:
2. 5.4.1. To spread the workload evenly between different Moderators;
3. 5.4.2. If the Moderator dies, falls seriously ill, refuses, or becomes unable or unfit to act;
4. 5.4.3. At the request of a Moderator for reasons which, in the reasonable opinion of Ajuve, justifies the appointment of a replacement;
5. 5.4.4. To prevent undue delay in rendering an arbitration award;
6. 5.4.5. If a Moderator acts in deliberate violation of the arbitration agreement (including these Rules) or the guidance provided to Moderators by Ajuve or does not act fairly and impartially as between the parties or does not conduct or participate in the arbitration proceedings with reasonable diligence; or
7. 5.4.6. If in the opinion of Ajuve, a change of Moderator is or may be justified or is otherwise in the best interests of the parties. Where a change is made, the parties will be notified as soon as practicable, but Ajuve shall not be obliged to state the reasons for the change.

6. How Your Case is dealt with

6.1. Ajuve operates entirely online and your dispute will be dealt wholly and exclusively using the Ajuve system, developed specifically to ensure a quick, and cost effective method for the resolution of disputes.
1. 6.1.1. There will be no oral hearings. However, if, and only if, both parties expressly agree, and the Moderator in his absolute discretion also agrees, virtual meetings or hearings may take place using any system then in operation and available through the Ajuve site, or via Skype or an similar online virtual meeting room system, provided that such hearings shall not impact the timetable for the resolution of the dispute. Such virtual meetings or hearings shall be the exception and the Moderator may refuse consent to any such meeting or hearing without giving reasons.
2. 6.1.2. Your communications with the other party and the Moderator or Ajuve shall take place using the Ajuve system. All submissions, evidence and statements will be uploaded to the Ajuve site when logged in as an Ajuve member, and using your unique Claim Reference Number.
3. 6.1.3. If, when you read the Claimant’s or Respondent’s (as appropriate) documents, you believe any essential information is missing you should immediately notify both the other party and the Moderator. Should it be necessary (that is, the documents or the information is not forthcoming) the Moderator make such order as she or he sees fit and that order must be complied with by both parties.

7. The Formal Stuff

7.1. The seat of arbitration shall be England and all proceedings will be conducted through the Ajuve website and system.
7.2. The law applicable to the arbitration (if any) shall be English law and all arbitration proceedings will be conducted in the English language.

8. Jurisdiction of the Moderator and Ajuve

8.1. All decisions of the Moderator (including decisions made on applications before the publication of an arbitration award) are final and binding and there is no appeal on any point of fact or law to any court or tribunal. The right of appeal under S.69 Arbitration Act 1996 or under any other law is expressly excluded. Final means final, for all purposes.
8.2. The Moderator shall have the power to rule on its own jurisdiction, including any objection to the initial or continuing existence, validity or effectiveness of the arbitration agreement. For that purpose, an arbitration clause which forms or was intended to form part of another agreement shall be treated as an arbitration agreement independent of that other agreement. A decision by the Moderator that such other agreement is non-existent, invalid or ineffective shall not entail ipso jure the non-existence, invalidity or ineffectiveness of the arbitration clause.
8.3. A plea by a Respondent that the Moderator does not have jurisdiction shall be treated as having been irrevocably waived. A plea that the Moderator is exceeding the scope of its authority shall also be treated as having been waived irrevocably.
8.4. Ajuve enjoys the powers granted to it by these rules. References herein to “Moderator” shall include any replacement or substitute Moderator appointed by Ajuve in accordance with these Rules, in addition to any other powers it may enjoy pursuant to statute or common law.

9. Supervisory Panel

9.1. Ajuve has appointed a Supervisory Panel to ensure the smooth running of Ajuve and to ensure the quality of Moderators and arbitration awards. The Supervisory Panel may exercise any of the powers allocated to Ajuve in these rules and in addition, the following powers:
1. 9.1.1. To undertake a confidential review and provide comments to the Moderator before any award is published to ensure all awards are of the highest standard;
2. 9.1.2. Generally to monitor all disputes you expressly consent to; and
3. 9.1.3. The Claimant and the Respondent expressly consent to the unlimited disclosure of their personal data and any information relating to any dispute to the Supervisory Panel and any advisor appointed by the Supervisory Panel for the purposes quality control, review of the performance of moderators and for any other purpose which in the reasonable opinion of the Supervisory Board or any of its members is deemed necessary.
4. 9.1.4. Data protection clause 6.2 of the Website Terms of Use and the provisions of our Privacy Policy apply to data collated pursuant to any claim submitted to AjuveArb.

10. Additional Powers of the Moderator

10.1. This clause sets out some additional important powers that in some circumstances involving larger claims in particular, may be needed by the Moderator and the parties.
10.2. The Moderator shall have the power, unless otherwise agreed by the parties in writing, at the request of any party:
1. 10.2.1. To order any respondent party to a claim or counterclaim to provide security in such form and amount in any manner and upon such terms as the Moderator considers appropriate in his or her absolute discretion.
2. 10.2.2. To order the preservation, storage, sale or other disposal of any property or thing under the control of any party and relating to the subject matter of the arbitration; and
3. 10.2.3. To order on a provisional basis, subject to final determination in an award, any relief which the Moderator would have power to grant in an award including a provisional order for the payment of money or the disposition of property as between any parties.
4. 10.2.4. A Moderator may in his or her award include declaratory relief.
10.3. Generally, the Moderator may, at any time, make any order as he or she sees fit to ensure that the parties have provided sufficient information and/ or taken such steps as may be necessary and in order to keep the dispute on track. A failure to comply with an order of the Moderator may lead to the claim being dismissed or a decision in the form of an award against you without further notice. Always comply with orders made by the Moderator. Remember it is the Moderator who will decide the case and it follows that the absence of co-operation of either party may prejudice the outcome.
10.4. The power of the Moderator under this clause 10 shall not prejudice howsoever any party's right to apply to any court or other judicial authority for interim or conservatory measures before the appointment of a Moderator by Ajuve. Any application and any order for such measures after the appointment of the Moderator shall be promptly communicated by the applicant to the Moderator and all other parties. However, by agreeing to arbitration under these Rules, the parties shall be taken to have agreed not to apply to any court or other judicial authority for any order for security for its legal or other costs available from the Moderator.

11 The Moderator’s Decision – The Award.

11.1. When all the papers have been considered by the Moderator he or she will (subject to receipt of the relevant fees) publish his or her award subject to receipt by Ajuve of its fees. “Publish” does not mean it is made public – an arbitration award is a private document, not something that is made public. Publish is simply a technical term that means made available to the parties.
11.2. The decision is called an “Award” not a “Judgment”.
11.3. The award will be in a form approved by Ajuve and will include short reasons. The award will be signed by the Moderator and an original will be made available to each of the parties to the arbitration. A copy will be retained by Ajuve for record and training purposes.
11.4. The award may be expressed in any currency. The Moderator may order that simple or compound interest shall be paid by any party on any sum awarded at such rates as the Moderator determines to be appropriate in respect of any period which the Moderator determines to be appropriate ending not later than the date upon which the award is complied with
11.5. In the event of a settlement of the dispute, the Moderator may agree to issue an award recording the settlement if the parties so request in writing (a "Consent Award"), provided always that such award contains an express statement that it is an award made by the parties' consent. A consent award need not contain reasons.
11.6. All awards shall be final and binding on the parties. By agreeing to arbitration under these Rules, the parties undertake to carry out any award immediately.

12 Correcting obvious mistakes in an award

12.1. While every effort will be made by your Moderator to ensure his or her award is accurate in all respects, mistakes may occasionally happen.
12.2. Within 7 days of receipt of any award, a party may by written notice to Ajuve request the Moderator to correct in the award any errors in computation, clerical or typographical errors or any errors of a similar nature. If the Moderator considers the request to be justified, he or she shall make the corrections within 7 days of receipt of the request. Any correction shall take the form of separate memorandum dated and signed by the Moderator.
12.3. The Moderator may likewise correct any error of the nature described in clause 12.2 on the Moderator’s own initiative within 7 days of the date of the award, to the same effect.

13 Arbitration and Legal Costs

13.1. The costs of the arbitration are fixed in accordance with the Fees Schedule published and updated from time to time (other than the legal or other costs incurred by the parties themselves (if any)) by Ajuve. The parties shall be jointly and severally liable to Ajuve for such arbitration costs. Any payment is made to Ajuve and not to the Moderator direct.
13.2. No legal costs, expert’s costs or other costs of the arbitration are recoverable, save in exceptional circumstances. The only fees anyone pays are the Ajuve fees. The purpose of Ajuve is to minimise costs and to encourage parties to engage in arbitration without incurring a big legal bill. Of course Ajuve does not seek to prevent a party from seeking legal advice, but costs thereby incurred will not normally be recoverable.
13.3. So, what do we mean by “not normally recoverable”? It means that Ajuve Moderators will not award any legal costs unless one party has behaved in a grossly inappropriate manner. This will be determined by the Moderator and like all other decisions the Moderator may make, that decision will be final and binding. The timetable for publication of an award will not be delayed as a consequence.
13.4. If the arbitration is abandoned, suspended or concluded, by agreement or otherwise, before the final award is made, the parties shall remain jointly and severally liable to pay to Ajuve the fees in accordance with the Fee Schedule. In the event that such arbitration costs are less than the deposits made by the parties, there shall be a refund by Ajuve.

14 Confidentiality

14.1. Unless the parties expressly agree in writing to the contrary, the parties undertake as a general principle to keep confidential all awards in their arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another party in the proceedings not otherwise in the public domain - save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority.
14.2. Ajuve will not publicize any award or any part of an award without the prior written consent of all parties and the Moderator. However, the parties authorise Ajuve to disseminate an award to staff employed by Ajuve, the Supervisory Board, its legal advisers and Moderators employed or engaged by Ajuve for the purposes of training and Moderators assessment or for other reasonable internal purposes.

15 Exclusion of Liability

15.1. None of Ajuve, its employees, owners, shareholders, agents or associates or any Moderator shall be liable to any party howsoever for any act or omission in connection with any arbitration conducted by reference to these Rules.
15.2. After the award has been made and the possibilities of correction referred to in Article 12 have lapsed or been exhausted, neither Ajuve or any Moderator shall be under any legal obligation to make any statement to any person about any matter concerning the arbitration, nor shall any party seek to make any of these persons a witness in any legal or other proceedings arising out of the arbitration.

16 General Rules

16.1. A party who knows that any provision of the arbitration agreement (including these Rules) has not been complied with and yet proceeds with the arbitration without promptly stating its objection to such non-compliance, shall be treated as having irrevocably waived its right to object.
16.2. In all matters not expressly provided for in these Rules, Ajuve, the Moderator and the parties shall act in the spirit of these Rules and shall make every reasonable effort to ensure that an award is legally enforceable.

17 Changes to these Rules

17.1.

Legal Information